High Court rules against ‘Heritage’ in radio feud
The High Court has dismissed a case brought by Floyd “Heritage” Burnett, operating as Tola Radio VI, against Caribbean Cellular Telephone Ltd (CCT) in the Virgin Islands.
Burnett sought interim relief after CCT terminated their long-standing service agreement. The dispute originated from a 2021 agreement in which CCT provided tower space, power, internet, and phone services to Burnett’s radio station in exchange for advertising CCT’s products.
This arrangement was valued at over $60,000 annually and was renewed yearly until June 2023. The agreement was not renewed in 2024, and CCT issued a termination notice effective July 31, 2024.
In an email sent to CCT in August 2024, Burnett pleaded for “one more chance” and apologised for his “unprofessional behaviour”. He acknowledged that CCT “had had it with him” and that “an apology is not an easy fix” to the issue. Burnett then requested an extension to the end of 2024 to “seek financial aid and figure out a new location and tower-sharing agreements.”
After negotiations fell through, Burnett requested an injunction to compel CCT to restore power to its towers on Jost Van Dyke and Peter Island, which he claimed was critical for his broadcasting operations.
His counsel argued that damages would not be an adequate remedy and that serious issues, such as reasonable notice and statutory rights under the Telecommunications Act, were at stake. However, the Court found no serious issue to be tried. In its ruling, the Court determined that CCT had provided sufficient notice and acted within its rights to terminate the relationship.
“The Court finds that the question of whether the Applicant (Burnett) has a statutory right of access to the Respondent’s [CCT’s] facilities on reasonable terms is not a serious question to be tried,” Justice Felix-Evans wrote in his judgment published late last month.
The $5K monthly fee
Additionally, Burnett alleged that CCT’s demand for a monthly fee of $5,000 for continued services was exorbitant and not industry-standard. The Court noted that Burnett had not agreed to these terms, and CCT rejected his payment as negotiations remained unresolved.
The Court also found that there was no obligation for either party to agree to terms they found unsatisfactory. The case also highlighted allegations of defamation and threats made by Burnett against CCT staff. CCT’s Board of Directors issued a warning letter following these incidents, threatening to suspend services immediately if the behaviour continued.
The alleged threats were reported to the Royal Virgin Islands Police and the Telecommunications Regulatory Commission (TRC) for investigation. The TRC declined to mediate the dispute, stating that as a radio broadcaster, Burnett was not entitled to protections under the Telecommunications Act. It also clarified that CCT’s actions did not amount to “harmful interference” under the Act.
The Court concluded that Burnett failed to demonstrate that damages were inadequate or that there was an irremediable risk of harm. “The Applicant has not crossed the threshold of establishing a serious question to be tried,” the Judge ruled, dismissing the case with legal costs awarded to CCT.
Akilah Anderson represented Burnett, while Sydney Bennett KC and Anthea Smith represented CCT.
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Heritage will continue to act in his current unprofessional, arrogant and ridiculous way until he destroys himself.
Let’s be real dude got female emotions. Man doesn’t conduct his feelings in a KINGLY manner. He needs to address that.
You cannot go around just spewing filth from your buccal cavity without consequences.
I hope Ms Anderson was paid up front!
Heritage is gonna have to get a go fund me page now cause CCT went for the big guns a KC and just imagine the judge awarded costs to CCT, so heritage you now have an additional bill, CCat lawyer to pay….where are all the folks who was assisting you to talk piss daily or those who said they would march if you were shut down. Where all the followers now who encouraged your behavior on a daily basis. You alone now sit with bills mounting and an attitude which does not know humility
I’m genuinely sorry for Heritage and hope that he gets back on his feet, but this is a lesson to many persons around here that feel they can say/do as they please. Where are his cheerleaders now? Ignorance is bliss, time to start being wise or pay the piper!
This dude ras is bad news very emature
immature not emature
That’s the way the cookie crumbles. If you and someone is doing business and you are having some type of misunderstanding, you handle it in a professional manner amongst yourselves not in a public forum. I have a milk cow supplying me with milk and I bad talk the cow, of course the milk cow is going to stop supplying me with milk. Heritage unprofessional bad behavior and big mouth is what tanked his business. Can’t blame CCT. Can’t go on air and say CCT a business you were doing business with and say their antennas were rusty and swaying in the wind. BUSINESS SUICIDE.
heritage fumbled an easy bag, all he had to do was keep his mouth shut and he was essentially getting to use their network for free.
emotional intelligence
EZ BAG
Life is not a game, young man, actions have consequences. I hope that you learn to control yourself going forward. Life does not revolve around you. These are the things that happen when children get their own way all the time, they become entitled adults who thinks that life will treat them like their parents did. Giving in whenever they throw a tantrum. you are your own worst enemy, i continue to say this.
Them type so always love to talk about running to lawyer and yet wrong and strong lol
His mom is a mom and aunty are lawyers they probably covering the cost.
Has any of the people that Heritage called his boys etc sat down with him and told him to tap the brakes a bit? They probably did but didn’t listen, perhaps they were afraid or perhaps they did not want to hear his mouth. Why build a brand and then turn around and destroy the brand. He was developing a fan base in the US and other places outside of the BVI and he blew that. His mouth is what did him in. He disrespected callers that did not agree with him, he refuses to allow people to finish answering a question before rudely interrupting. Mr. Bunch ie, you got your 15 minutes of fame on Tola Radio. Don’t be going around side eying or talking about CCT like the last time. Stay up out of it and stay neutrial.
The overwhelming problem in these VI is solely the ingratitude of the imported garrots,with a few exceptions.
Gratitude along with humility is not in their DNA.
Misplaced arrogance and ignorance is front page in their passport with Destroy and Destructikn their middle name.,They have not yet evolved.
Heritage need to drop a line to his partner MAGa man Trump so he school him on how to take down the courts. Hopefully, Trump help the Rasta!
well all tola radio got to do is go to his sponsors that he always shouting out free west bank and free andrew he can get them to pay his fees
real crazy man
heritage is back tomorrow
This boy and the owner of the yellow site have lots in common. Maybe this boy can wear a wig and work for the former speaker.